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Petition for Alien Relative (Form I-130)
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Form I-130, Petition for Alien Relative
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No signup or credit card is required to try CitizenPath. Once you are completely satisfied, pay the $97 preparation fee to download your prepared form and custom filing instructions. If you’re preparing on a mobile device or don’t have a printer, we can mail you a copy of your documents for an additional $15.
USCIS Fees
You will pay a $535 fee directly to USCIS when you file Form I-130, Petition for Alien Relative. In some cases, a biometrics appointment may be necessary. If an appointment is necessary, you will receive a biometric services appointment notice with instructions on how to submit the additional biometrics services fee ($85).
CitizenPath guarantees that USCIS will accept your Form I-130, Petition for Alien Relative. Most people can prepare and file USCIS immigration applications without the assistance and cost of a lawyer. But mistakes and omissions on these forms can create costly delays and even cause long-term immigration problems. CitizenPath gives you the confidence that you’ve filed Form I-130 correctly.
If you want to file Form I-130 by yourself, go to USCIS.gov.
If you want a guarantee that Form I-130 will be accepted, use CitizenPath.
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USCIS Form I-130, Petition for Alien Relative is used by U.S. permanent residents and citizens to request a visa number for a family member that wants to immigrate to the United States.
- Used to request a visa number for immediate relatives
- Used to request a visa number for family preference relatives
Form I-130, Petition for Alien Relative FAQs
This is a complicated question, and the answer depends on several factors. It is very important to understand that petitioning to bring your relative to the United States with Form I-130 is only the first step. It may take USCIS several months to notify you of a decision on Immediate Relative Visas and several years for Family Preference Visas (see Immediate Relative and Family Preference Immigrant Visas). Once Form I-130 has been approved, your relative can apply for a visa at the nearest U.S. consulate in his/her home country. Alternatively, Immediate Relatives of U.S. citizens can apply for an Adjustment of Status (Form I-485) if the relative is already in the U.S. with a nonimmigrant type visa.
It depends. USCIS generally requires that you file a separate Form I-130 to petition for each family member.
If you are a U.S. citizen and your sponsored family member is your unmarried son or daughter (age 21 or older), your married son or daughter (of any age), or your brother or sister (age 21 or older), separate petitions are not required for his or her spouse or unmarried children under 21 years of age.
If you are a lawful permanent resident and your sponsored family member is your unmarried son or daughter (of any age), separate petitions are not required for his or her unmarried children under 21 years of age.
If you would like to marry your fiancé(e) in the U.S., you will need to use USCIS Form I-129F, Petition for Alien Fiancé(e). This process generally takes 5-10 months. Your fiancé(e) may come to the U.S. with a K-1 visa. Your fiancé(e) must marry you within 90 days, after which he/she can apply for Adjustment of Status (Form I-485) to obtain permanent residence (green card).
If you are already married, you must use USCIS Form I-130, Petition for Alien Relative. This process generally takes 10-16 months. However your spouse will be granted permanent resident status (green card) upon arriving in the U.S. If you would like to expedite your wife’s arrival to the U.S., you may file USCIS Form I-129F, Petition for Alien Fiancé(e), after filing Form I-130. This will enable your spouse to come to the U.S. more quickly on a K-3 visa. Once in the U.S., your spouse will need to file USCIS Form I-485, Application to Register Permanent Residence or Adjust Status to obtain permanent residence (green card).
There are two fundamental groups of family-based immigrant categories: Immediate Relative and Family Preference. Immediate Relative Immigrant Visas are granted to individuals with a close family relationship to a U.S. citizen. Immediate Relative Immigrant Visas are unlimited; therefore, this is the quickest path through family-based immigration. The visa types include:
- IR-1: Spouse of a U.S. citizen
- IR-2: Unmarried child under 21 years of age of a U.S. citizen
- IR-3: Orphan adopted abroad by a U.S. citizen
- IR-4: Orphan to be adopted in the U.S. by a U.S. citizen
- IR-5: Parent of a U.S. citizen who is at least 21 years old
Family Preference Immigrant Visas are granted to individuals with a family relationship to a U.S. citizen or lawful permanent resident (green card holder). Family Preference Immigrant Visas do have numerical limits per country; therefore, there is generally a wait associated with these visa types. The visa types include:
- Family First Preference (F1): Unmarried sons and daughters of U.S. citizens, and their minor children, if any.
- Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (age 21 and over) of LPRs. At least seventy-seven percent of all visas available for this category will go to the spouses and minor children.
- Family Third Preference (F3): Married sons and daughters of U.S. citizens, and their spouses and minor children.
- Family Fourth Preference (F4): Brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.
To determine the approximate wait time for Family Preference Visas, visit the USCIS Visa Bulletin